General Terms and Conditions of Travel
for the Self-Drive Experience and Personal Mentorship Trip
The following General Terms and Conditions of Travel (GTCs) become, to the extent effectively agreed, part of the all-inclusive travel contract concluded between the customer (=traveller) and the tour operator FollowTheTracks UG (hereinafter referred to as “FollowTheTracks”). These GTCs supplement and complete the statutory provisions of §§ 651a et seq. of the German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the Civil Code (EGBGB). When booking an all-inclusive trip, the contractual partner of the tour operator is the traveller - it is irrelevant whether the traveller makes use of the all-inclusive trip personally or if they are concluding the contract for another traveller.
These GTCs are explicitly invalid if the traveller solely books individual travel services (e.g. hotel only, rental car) from FollowTheTracks and does not book an all-inclusive trip within the meaning of §§ 651a ff. BGB. from FollowTheTracks and does not book an all-inclusive trip within the meaning of §§ 651a ff. BGB. This also applies if the traveller is provided with a security note for the individual travel service to secure the paid travel price or if FollowTheTracks expressly acts as a travel agent for an individual travel service or an associated travel service in accordance with § 651w BGB (German Civil Code) and informs the traveller of this separately and without ambiguity before the booking process. Furthermore, these GTCs do not apply to travel contracts if the traveller is an entrepreneur with whom FollowTheTracks has concluded a framework contract for the organisation of business trips in accordance with § 651a para. 5 lit. 3 BGB for the traveller's business purposes.
If the term “durable storage medium” is used in the following conditions, in accordance with § 126b BGB, it shall be understood to refer to any medium which enables the recipient to retain or store a declaration personally addressed to the recipient on the medium in such a way that it is accessible to the recipient for a period which is sufficient for its purpose and which is capable of reproducing the declaration in an unaltered form. This includes, but is not limited to, USB sticks, CD-ROMs, DVDs, paper, e-mail, memory cards and computer hard drives.
1. General1.1 The following General Terms and Conditions of Travel (GTCs) shall apply to all services provided by FollowTheTracks unless any other special agreements between the parties apply. Any deviating GTCs issued by the participant do not apply; they also do not apply if FollowTheTracks has not explicitly objected or if the participant declares that they only wish to conclude a contract on their own terms.
1.2 FollowTheTracks organises photo adventures and 4x4 off-road trips featuring special SIXT Mongolia rental cars provided solely for these travel events, in which the contractual partner (hereinafter "traveller") can participate. These events are subject to specific risks due to their adventurous and expeditionary nature. While the Self-Drive Experience guides the traveller via an application ("app") tailored to the trip which requires the traveller to follow the instructions contained therein, Max Muench is also present as a tour guide during the Personal Mentorship Tour and will accompany the traveller with his personal know-how.
1.3 The entire trip and the instructions for the app are provided in English. English is required to participate.
1.4 FollowTheTracks makes every effort to describe the travel routes presented on the website correctly and in detail. Contents and processes may be subject to changes and adaptations. All photos and illustrations used are for general description purposes only, are not binding and may vary.
1.5 In addition to the FollowTheTracks GTCs, the provisions of SIXT Mongolia apply; these may include further payment conditions, deposits, liability, cancellation, refunds and other booking conditions.
2. Conclusion of the all-inclusive travel contract2.1 The following applies to all booking channels:
a) The services that are contractually agreed upon are determined by the trip description on the website or another FollowTheTracks medium, in an individual offer alongside the supplementary information for the respective trip in accordance with Art. 250 § 3 EGBGB (Introductory Act to the German Civil Code), insofar as these are available to the traveller at the time of booking, and, by the details specified in the travel confirmation.
b) Deviating services, e.g. arising from the service provider's other brochures as well as special requests which alter the scope of the planned services, are only binding if they are expressly confirmed by FollowTheTracks on a durable storage medium.
c) Third parties are not authorised to make assurances and/or agreements deviating from the tour operator's travel conditions or tenders.
d) The traveller is responsible for all the other travellers' contractual obligations for whom they make the booking as well as for their own, insofar as they have assumed this obligation by means of an explicit and separate declaration.
e) If the content of the confirmation deviates from the content of the reservation, a new offer shall be made available by the tour operator to which it shall be bound for a period of 10 days. The contract is concluded on the basis of this new offer, provided that the tour operator has pointed out the changes and has fulfilled their pre-contractual information obligations in accordance with Art. 250 §§ 1-3 EGBGB. The customer's acceptance is confirmed either by express declaration or payment to the tour operator.
f) Any discrepancies in the confirmation documents must be reported immediately.
g) All prices stated on the website are to be understood as per person and including VAT. The availability of the offers is limited.
h) The FollowTheTracks offer is aimed solely at adult, fully contractually capable and natural persons. If the booking information indicates that the offer is to be used by minors travelling alone, the contract may become ineffective.
i) Special requests concerning the booking do not represent any services owed, unless a direct agreement has been concluded with FollowTheTracks.
j) Services that have been directly booked from third-party companies by the traveller as external services are not included in FollowTheTracks' scope of services (e.g. outward and return flights to Mongolia, excursions, round trips, sporting events, etc.).
2.2. For bookings made via electronic commerce (e.g. online), the following applies:
a) The online booking process is explained to the traveller on the corresponding website.
b) The traveller is provided with relevant correction options for correcting their entries, deleting or resetting the entire online booking form and the use of these options explained.
c) The contract languages offered for the online booking are German and English.
d) If the contract text is stored by FollowTheTracks, the traveller will be informed about this and about the possibility to retrieve the contract text at a later time.
e) With their registration or pressing of the button or the button “CONFIRM BOOKING FOR A FEE” the customer offers FollowTheTracks UG (hereinafter referred to as “FollowTheTracks”) the conclusion of a binding travel contract on the basis of the trip description, the Important Information on the Adventurous and Expeditionary Nature of the Mongolia Trip and these General Terms and Conditions of Travel. The registration can be made verbally or in writing, however, using the electronic form and online registration is recommended.
f) The booking is carried out by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is liable, as they too are for their own obligations, provided that they have assumed these obligations by means of an explicit and separate declaration.
g) With their registration, the customer confirms that they have read both the Important Information on the Adventurous and Expeditionary Nature of the Mongolia Trip and the specific instructions regarding the trip in question. These can be found in the travel description of each respective route as well as separately in the FAQs. The customer is aware of the special characteristics of the trip to Mongolia for which they are registering.
h) The submission of the booking (travel registration) by clicking on the button “CONFIRM BOOKING FOR A FEE” does not entitle the traveller to the conclusion of an all-inclusive travel contract with FollowTheTracks in accordance with their booking (travel registration). The all-inclusive travel contract only comes into effect when the traveller receives the written booking confirmation (invoice) from FollowTheTracks on a durable storage medium. FollowTheTracks shall inform the customer about the conclusion of the contract with the travel confirmation and send the security note.
i) FollowTheTracks would like to point out that distance sales bookings of all-inclusive packages (via remote means of communication such as telephone, e-mail, Telemedia) cannot be revoked in accordance with §§ 312 Para. 7, 312g Para. 2 Sentence 1 No. 9 BGB. A right of revocation exists, however, if the contract for the package tour between FollowTheTracks and the traveller who is the consumer has been concluded off-premises, unless the oral negotiations on which the conclusion of the contract depends were based on the customer's previous order.
3. Payment3.1 Payments towards the trip price before the end of the trip may only be demanded and made against the handing over of the security note within the meaning of § 651t BGB, containing the name and contact data of the customer's money insurer in a clear, understandable and emphasised form.
3.2 A deposit in the amount of 20% of the tour price is due upon conclusion of the contract. Further payments shall be due on the agreed dates. The remaining travel price shall be due no later than 60 days prior to commencement of the trip, provided that the security note in accordance with § 651 r para. 4 sentence 1 BGB, Art. 252 EGBG has been sent to the traveller in written form and the trip can no longer be cancelled for the reasons stated in paragraph 7.1).
3.3 In the case of bookings made less than 8 weeks prior to the commencement of the trip, the entire trip price shall be due immediately following the transfer of the security note.
3.4 If the traveller is partially or completely in default with the payment of the travel price despite receiving a security note, FollowTheTracks is entitled to withdraw from the contract and to charge the traveller with the cancellation costs stipulated in section 5.3 provided they have first sent a reminder and set a payment deadline. This does not apply, only if the traveller is entitled to a legal or contractual right of retention or if FollowTheTracks is not willing and able to provide the contractual services properly or has not fulfilled its legal duty to provide information.
3.5 Payments can be made using PayPal, credit cards (Visa, MasterCard, American Express), Giropay and Klarna instant transfer. If the customer pays the trip price using a credit card, they are obliged to ensure that adequate funds are available on the due dates. If the payment process cannot be carried out due to a lack of available funds, FollowTheTracks is entitled to demand a flat-rate compensation of 15 EUR from the customer for the resulting expenses. It is the customer’s responsibility to prove that the damage caused to FollowTheTracks did not occur at all or that it was significantly less than the flat-rate reimbursement amount demanded by us. In the case of payments made from abroad, all additional costs are to be borne by the customer, e.g. bank charges for currency conversion and transfer fees.
3.6 When booking the Self-Drive Experience and the Personal Mentorship trip, the Online Masterclass will be included for the traveller. After booking the trip the traveller will get access to the platform "www.followthetracks.courses" and the provided contents for at least 2 years (beginning on the day of receipt of payment for the complete trip price at FollowTheTracks). These may vary depending on the time of booking; these include, in particular, PDF documents as well as video and/or audio streams.
4. Performance, changes in performance of services & price changes following contract conclusion4.1 Service
a) FollowTheTracks' performance obligations arise exclusively from the content of the booking confirmation in connection with the FollowTheTracks website valid at the time of the trip, an individual offer or any other FollowTheTracks medium subject to all information, notes and explanations contained therein as well as the pre-contractual information relevant for the booked all-inclusive trip in accordance with Art. 250 § 3 EGBGB.
b) Third parties, such as employees of service providers (e.g. airlines, hotels, the rental car company SIXT Mongolia) are not authorised by FollowTheTracks to provide assurances or information, as well as to make agreements that exceed the travel description, the booking confirmation or the pre-contractual information in accordance with Art. 250 § 3 EGBGB provided by FollowTheTracks, neither are they authorised to contradict these or change the confirmed content of the all-inclusive travel contract.
c) The animal observations described cannot be guaranteed, as these experiences are natural experiences with free-ranging, wild animals whose behaviour is not 100% predictable. No refunds of the travel price are permissible in the event of no sightings.
4.2 Changes in performance of services
a) Changes or deviations of individual travel services from the agreed content of the all-inclusive travel contract, which become necessary after the conclusion of the contract and which were not caused by FollowTheTracks contrary to good faith, are only permitted if the changes or deviations are not substantial and do not affect the overall layout of the all-inclusive travel package booked. Furthermore, these changes must be declared and explained before departure. FollowTheTracks is obliged to inform the traveller of the change or changes in a clear, comprehensible and emphasised manner on a durable storage medium.
b) In the case of a substantial change to an essential characteristic of a travel service in accordance with Art. 250 § 3 No. 1 EGBGB (Introductory Act to the German Civil Code) or a deviation from one of the traveller's special requirements which has become part of the all-inclusive travel contract, the traveller is entitled, within a reasonable period of time set by FollowTheTracks, to
- accept the notified change in the travel service or the deviation from their special requirements, or
- withdraw from the contract without any cancellation costs, or
- declare their willingness to participate in a substitute all-inclusive trip offered by FollowTheTracks.
If the traveller does not react to FollowTheTracks or does not react within a set, reasonable period of time, the change or deviation is deemed to have been accepted. The traveller will be informed by FollowTheTracks about this, as well as about any substantial change or deviation from a special requirement, promptly after the reason for the change has become known, accompanied with a notification regarding the rights of the traveller and the setting of a deadline for declaration on a durable storage medium in a clear, understandable and emphasised form.
c) Any warranty claims shall remain unaffected insofar as the altered services are defective. If the substitute all-inclusive trip or modified all-inclusive trip is not of, at least, equivalent quality to the originally agreed upon all-inclusive trip, the price of the trip shall be reduced in accordance with § 651m (1) BGB (German Civil Code); if FollowTheTracks incurs lower costs following the provision of equivalent quality, the difference is to be refunded to the traveller in accordance with § 651m ( 2 ) BGB.
3.3 Price changes
a) FollowTheTracks reserves the right to change the advertised price and the price confirmed with the booking, if changes in taxes such as airport fees or aviation security costs, as well as tax increases on booked services or national park fees occur. If these are increased vis-à-vis FollowTheTracks, the trip price may be increased by the corresponding pro rata amount.
b) An increase in the trip price is only permissible if the circumstances leading to the increase did not occur before the conclusion of the contract and were not foreseeable at the time of the conclusion of the contract. FollowTheTracks is only permitted to change the price if FollowTheTracks informs the traveller about the price increase and the reasons for it in a clear and understandable way on a durable storage medium and informs the traveller about the calculation of the price increase. FollowTheTracks is only entitled to a price increase of up to 8 percent which must occur no later than 21 days prior to departure.
c) The traveller is entitled to demand a price reduction of up to 8 percent from FollowTheTracks for the same reasons that would entitle FollowTheTracks to a price increase if changes were made that would result in lower costs for FollowTheTracks. If the traveller has paid more than the amount owed hereafter, the additional amount shall be refunded by FollowTheTracks. FollowTheTracks may deduct any actual administrative expenses incurred by FollowTheTracks from the additional amount to be reimbursed. At the traveller's request, FollowTheTracks must provide evidence with respect to the amount of administrative expenses incurred.
d) If the price increase exceeds 8 percent of the travel price, FollowTheTracks is not permitted to impose it unilaterally. In this case, within a reasonable period determined by FollowTheTracks,
- the traveller is entitled to either accept the price increase communicated by FollowTheTracks, or
- to withdraw from the contract without any cancellation costs, or
- to declare their willingness to participate in a substitute all-inclusive trip offered by FollowTheTracks.
If the traveller does not react to FollowTheTracks or does not react within a set, reasonable period of time, the price change is deemed to have been accepted. FollowTheTracks will inform the traveller about this clearly, understandably and in an emphasised manner promptly after the reason for the price increase has become known along with the notification regarding the traveller's rights together with the setting of a deadline for declaration on a durable storage medium. The offer including the price increase must be made to the traveller at least 21 days before the beginning of the journey; FollowTheTracks is not entitled to request a price increase at a later date.
e) If the substitute all-inclusive trip provided is not of at least equivalent quality to the originally owed all-inclusive trip, the travel price is to be reduced in accordance with § 651m para. (1) BGB; if FollowTheTracks incurs lower costs while providing equivalent quality, the traveller is entitled to the difference in accordance with § 651m para. (2) BGB.
5. Withdrawal by the traveller before commencement of travel, transfer of contract (substitute person)5.1 The traveller is entitled to withdraw from the all-inclusive travel contract at any time before the start of the journey. The withdrawal must be declared to FollowTheTracks using the contact details provided at the end of these GTCs. It is recommended that the traveller declare their withdrawal using a durable storage medium.
5.2 If the traveller withdraws before the start of the journey or does not commence the journey, FollowTheTracks loses its claim to the travel price. Instead, FollowTheTracks is entitled to demand adequate compensation from the traveller. This does not apply if FollowTheTracks is responsible for the withdrawal or if unavoidable, extraordinary circumstances occur at or in the immediate vicinity of the destination which significantly hinder the performance of the all-inclusive trip or the transport of persons to the destination; Circumstances are unavoidable and exceptional if they are not subject to the control of the contracting party that is invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken. In this context it must be expressly pointed out that extraordinary circumstances do not apply if the traveller does not arrive in Mongolia at the agreed time and place due to faulty planning or for any other reason for which FollowTheTracks is not responsible. The traveller is expressly informed in advance that they are responsible for considering any possible deviations with regard to their entry into Mongolia, e.g. cancellations or delays by airlines and/or missing luggage.
5.3 FollowTheTracks has defined these compensation claims to which the traveller is entitled on the basis of the following flat-rate cancellation fees. The calculation is made taking into account the time of the withdrawal declared by the traveller until the contractually agreed commencement of the journey, the expected expenditure savings and the expected purchases resulting from a different use of the travel services.
The compensation will be calculated as follows according to the date of receipt of the notice of withdrawal by FollowTheTracks:
a) general flat-rate cancellation fee:
- up to the 45th day 20 %
- from the 44th to the 22nd day 30 %
- from the 21st to the 15th day 50 %
- from the 14th to the 7th day 70 %
- from the 6th day before the beginning of the trip 80 %
- on the day of trip departure or if the tour is not commenced 90 % of the travel price
b) special flat-rate cancellation fee:
Special trips, individually prepared package tours and group trips may be subject to special cancellation conditions, which will be expressly referred to in the respective offer and travel confirmation in accordance with Art. 250 §§ 3, 6 EGBGB.
5.4 The traveller is at liberty to prove to FollowTheTracks that FollowTheTracks is only entitled to claim substantially lower appropriate compensation as a result of the withdrawal from the contract.
5.5 FollowTheTracks reserves the right to demand a higher, precisely calculated compensation amount instead of the above flat-rate cancellation fees, if FollowTheTracks can prove the accrual of significantly higher expenses than the applicable flat-rate cancellation fee. In this case, FollowTheTracks is obliged to calculate the demanded compensation taking into account the saved expenses and less whatever costs FollowTheTracks acquires via the alternative use of the travel services and to justify them at the traveller's request.
5.6. The price of the Online Masterclass specified on "www.followthetracks.courses" is expressly not included in the scope of the cancellation fees. These costs shall be borne by the traveller upon receipt of access to the platform "www.followthetracks.courses" and the respective contents offered, irrespective of any withdrawal or termination by either party. The Online Masterclass is generally subject to a fee and only accessible following registration and payment of a usage fee. If the traveller or FollowTheTracks withdraws from the trip or cancels it, but the traveller has already made payments on the travel price and received the Online Masterclass, FollowTheTracks reserves the right to retain the costs of the Online Masterclass in the amount valid at the time the trip was booked. Any withdrawal on the part of FollowTheTracks as listed under item 8.1 is excluded.
5.7 FollowTheTracks expressly recommends taking out a separate travel cancellation insurance policy.
5.8 If FollowTheTracks is obliged to refund the travel price due to a withdrawal, the refund must be made immediately, and in any case, no later than 14 days after the withdrawal.
5.9 The traveller's legal right to declare a contract transfer to another traveller on a durable storage medium in accordance with § 651e BGB (German Civil Code) (provision of a replacement participant) remains unaffected by the above provisions, provided that this declaration is received by FollowTheTracks no later than seven days before the start of the journey.
a) FollowTheTracks can object to the admission of the third party if they do not fulfil the contractual travel requirements.
b) If a third party enters into the contract, both the third party and the traveller are jointly and severally liable to the tour operator for the trip price and any additional costs incurred by the admission of the third party. The tour operator may only demand the reimbursement of additional costs if and insofar as these are reasonable and have actually been incurred.
c) The tour operator must provide the traveller with proof of the additional costs incurred as a result of the admission of the third party.
6. Booking changes by the traveller before the start of the journeyThe traveller has no legal claim to make any changes with regard to the travel date, destination, place of departure, accommodation or mode of transport (booking changes). This does not apply if a rebooking is necessitated as a result of incomplete or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; any rebooking of this kind shall be carried out free of charge for the traveller.
7. Services not usedIf the traveller does not make use of individual travel services duly provided by FollowTheTracks for reasons for which the traveller is responsible, they shall not be entitled to a proportional refund of the travel price. However, FollowTheTracks will endeavour to obtain reimbursement of the saved expenses from the respective service providers. This obligation does not apply in the case of completely insignificant services or if a reimbursement would conflict with legal or official regulations. FollowTheTracks recommends taking out a separate travel curtailment insurance policy.
8. Withdrawal due to failure to reach the minimum number of participants and subsequent termination by FollowTheTracks8.1 FollowTheTracks can only withdraw from the all-inclusive travel contract on the grounds of not reaching a minimum number of participants,
a) if FollowTheTracks quantifies the minimum number of participants in the pre-contractual information regarding the booked all-inclusive travel, as well as indicates the latest period up to which the declaration must be received by the traveller before the contractually agreed commencement of travel,
b) and the withdrawal is declared, at the latest, 28 days before the commencement of travel. The termination must be declared to the traveller no later than the day specified in the pre-contractual information and the travel confirmation. If the trip does not take place for this reason, FollowTheTracks must reimburse any payments made by the traveller immediately, in any case, however, within 14 days of the declared termination.
8.2 FollowTheTracks can terminate the package travel contract without notice if the traveller disturbs the performance of the trip despite a warning from FollowTheTracks or behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified; in this case, the nature and requirements of the trip as well as the interests of the travel group must be taken into account. This also applies if, for example, the customer does not possess the necessary documents for their entry or onward journey, or if their travel documents are incomplete or invalid, or if they do not follow the tour guide's legitimate and reasonable instructions. FollowTheTracks tour guides or local representatives are authorised to declare the termination. If FollowTheTracks cancels, FollowTheTracks retains the right to the travel price, but must allow the value of the saved expenses as well as those advantages resulting from any other use of the services not used by FollowTheTracks to be taken into account, including the respective amounts credited to it as a result by its service providers. Any additional costs for return transport shall be borne by the traveller.
8.3 In the event that Max Muench terminates the personal mentorship trip due to illness or an equivalent hindrance, or due to force majeure or other reasons for which FollowTheTracks is not responsible, FollowTheTracks reserves the right to postpone the date or to cancel the trip or the travel guide services provided by Max Muench completely or partially against full or partial reimbursement of the travel price that has already been paid or to rebook the trip as a Self-Drive Experience trip following consultation with the traveller. In any such case, FollowTheTracks cannot be held liable for the reimbursement of travel expenses and other hotel costs as well as for lost working hours.
9. Traveller cooperation obligations9.1 Travel documents
The traveller is obliged to inform FollowTheTracks if they do not receive the necessary travel documents (e.g. e-ticket receipts, hotel vouchers, rental car vouchers) within the period notified by FollowTheTracks, even if the travel price has been paid in full.
9.2 Notice of defects
FollowTheTracks is obliged to provide the traveller with an all-inclusive trip that is free of travel deficiencies. If this is not the case, the traveller is obliged to notify FollowTheTracks of any travel deficiencies immediately. In this respect, the traveller is obliged to immediately inform the FollowTheTracks representative of the defect on site. If a FollowTheTracks representative is not available on site or is not contractually required, the traveller is obliged to directly notify FollowTheTracks of any defects that have occurred. The contact details for a local FollowTheTracks representative as well as their availability and FollowTheTracks' contact details for a travel deficiency report can be found in the travel confirmation. FollowTheTracks' representative is responsible for remedying the situation insofar as this is possible. However, they are not authorised to recognise any claims. Insofar as FollowTheTracks is not able to rectify the situation due to a culpable omission of the notice regarding the deficiencies, the traveller shall not be entitled to claim a reduction of the price in accordance with § 651m BGB (German Civil Code) nor to claim damages in accordance with § 651n BGB.
9.3 Setting a deadline before termination
If a traveller wishes to terminate the all-inclusive travel contract in accordance with § 6511 BGB due to a substantial travel deficiency of the type described in § 651 i BGB, the traveller must first set FollowTheTracks a reasonable deadline to rectify the situation. This does not apply only if FollowTheTracks refuses to rectify the situation or if immediate rectification is necessary.
9.4 Luggage delays and damages in connection with domestic flights
a) In accordance with air traffic regulations, the passenger must immediately notify the responsible airline of any damages to their luggage or any loss or delay with respect to their luggage immediately on site in the form of a notice of a claim (P.I.R.) and, for reasons of proof, obtain confirmation of this in writing. Both airlines and FollowTheTracks will generally refuse refunds in this respect on the basis of international agreements if the notice of a claim has not been completed. In the event of damages to luggage, the notice of a claim must be submitted within 7 days and in the event of delays to luggage within 21 days of delivery.
b) Furthermore, the damages, loss or luggage delay must be reported immediately to FollowTheTracks in accordance with the statements in section 8.2. The submission of a notification to FollowTheTracks does not release the traveller from the obligation to notify the responsible airline in accordance with letter a).
c) As far as the outward and return flights to Mongolia booked by the traveller themselves are concerned, FollowTheTracks accepts no liability whatsoever for any baggage delays or damages. More importantly, the traveller has been advised that they should plan their arrival in Mongolia in good time to ensure that the trip can commence at the agreed time. However, FollowTheTracks will endeavour to submit an alternative proposal or route to the traveller despite delays or other hindrances. However, a subsequent delay to the start of the travel route cannot be guaranteed by FollowTheTracks. Any additional costs incurred as a result shall subsequently be borne by the traveller (e.g. rebooking of the domestic flight).
10. Limitation of liability10.1 The contractual liability of FollowTheTracks for damages that do not result from loss of life, bodily injury or damage to health is limited to three times the price of the trip, unless these were caused as a result of negligence. If further claims arise from international agreements or legal regulations based on these agreements these shall remain unaffected by the limitation of liability. Insofar as the liability of FollowTheTracks is excluded, this shall also apply to the personal liability of FollowTheTracks' employees, legal representatives and vicarious agents.
10.2 FollowTheTracks is not liable for service disturbances, personal injuries and material damages associated with services, which are only mediated as external services, if these services have been explicitly identified as external services in the travel description and the booking confirmation stating the identity and the address of the mediated contractual partner in such a clear way that they are clearly not considered by the traveller as part of FollowTheTracks' all-inclusive trip.
10.3 FollowTheTracks is also not liable if the travel deficiency was caused by the traveller themselves or by a third party (that is not a service provider or otherwise involved in the provision of travel services) and it was not foreseeable or preventable by FollowTheTracks. There can also be no fault on the part of FollowTheTracks if the traveller has acted intentionally or with gross negligence and these actions or omissions have led to the accident.
10.4 Equally no claims for damages shall exist if the travel deficiency was caused by unavoidable, extraordinary circumstances. Any contributory negligence of the traveller in accordance with § 254 paragraph 1 BGB and any obligations of the traveller to mitigate damages in accordance with § 254 paragraph 2 BGB shall continue to be taken into account. If the traveller was culpably and demonstrably involved in the occurrence of the damages, the traveller is to be made liable for their own causal contribution in accordance with § 276 BGB (German Civil Code), taking the protective purpose of the norm into consideration. The occurrence or the extent of the damage must be based on a violation of the passenger's obligations to ensure safety or at least on conduct that would contradict the guiding principles of a decent and reasonable passenger in the same situation. In individual cases, a reduction of the claim to zero may even be made in the event of a serious involvement contribution.
10.5 FollowTheTracks is not liable for services used by the traveller within the framework of the all-inclusive trip which are not mediated or organised by FollowTheTracks or their local representatives, but rather, for example, by SIXT Mongolia, the hotel or other persons or companies under their own responsibility.
10.6 All of the all-inclusive travel services offered are only available in limited quantities. FollowTheTracks is not liable for the availability of the journey or a certain all-inclusive travel service at the time of booking and does not assume any procurement guarantees within the meaning of § 276 paragraph 1 sentence 1 BGB.
10.7 In the case of trips involving special risks (e.g. of an expeditionary nature), the tour operator is not liable for any consequences resulting from the occurrence of such risks if these occur outside its area of responsibility. The tour operator's obligation to carefully prepare the trip and to carefully select the persons and companies entrusted with the provision of the specific travel services remains unaffected.
10.8 The tour guide's requirements and the instructions provided by the app must be followed. FollowTheTracks is expressly not liable for route deviations made on the traveller's own initiative or failure to comply with the special instructions provided by the app as well as any safety instructions issued regarding overnight accommodation and the necessity of visiting certain pre-selected petrol stations and supermarkets. Any fuel and food shortages resulting from this are the traveller's sole responsibility. This personal responsibility also extends to missing a domestic flight due to a delay. FollowTheTracks is not obliged to book another flight for the traveller at its own expense. Force majeure can be excluded herefrom.
10.10 FollowTheTracks does not make any assurances or warranties with respect to the information, software products and services contained on this website, including, but not limited to, their fitness for a particular purpose, unless they are made in an individual communication with you.
10.11 Hyperlinks on the FollowTheTracks website are provided for your reference only. FollowTheTracks has no influence on the contents of these websites. The inclusion of hyperlinks to external websites by FollowTheTracks does not imply an endorsement of the content of any such website or any form of association with its operators.
11. Assertion of claims, consumer dispute resolution11.1 Claims arising on the basis of §§ 651 i Abs. 3 Nr. 2, 4-7 BGB must be asserted by the traveller against FollowTheTracks. It is recommended to assert the claims using a durable storage medium.
11.2 The traveller's claims arising from the travel contract are subject to a limitation period of two years; the limitation period shall begin on the day on which the all-inclusive trip should end in accordance with the contract.
11.3 The assignment of claims against FollowTheTracks to third parties who are not travel participants is excluded.
11.4 FollowTheTracks would like to point out that, in accordance with § 36 of the Consumer Dispute Resolution Act (VSBG), FollowTheTracks will not participate in dispute resolution proceedings before a consumer arbitration body and is not legally obliged to do so. Should a legal obligation to participate in such a dispute settlement procedure arise after publication or should FollowTheTracks voluntarily participate, FollowTheTracks will inform the travellers thereof using a durable medium. When concluding a contract in electronic legal transactions, please refer to the European platform for online dispute resolution in accordance with Art. 14 para. 1 ODR-VO at https://ec.europa.eu/consumers/odr/.
12. Passport, visa and health regulations12.1 FollowTheTracks shall inform all travellers about Mongolia's general passport and visa requirements, including the approximate deadlines for obtaining any necessary visas, along with any health and police-related formalities prior to the conclusion of the contract, as well as any changes thereto prior to departure. The information provided on the FollowTheTracks website is based on the assumption that you are a German citizen. If this is not the case, please contact the relevant embassy or consulate for further information on this topic. Please inform yourself about Mongolia's passport, visa and health regulations and any changes to them before you commence your trip. The traveller alone shall assume responsibility for compliance with all the regulations that are important for the performance of the trip.
12.2 In particular, the traveller is responsible for the timely procurement and retention of the travel documents required by the authorities, for obtaining any necessary vaccinations as well as for compliance with all customs and foreign exchange regulations. Any disadvantages resulting from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the traveller. This does not apply if FollowTheTracks has not provided information or has provided incorrect information.
12.3 FollowTheTracks is not liable for the timely granting and availability of the required visas by the respective diplomatic representation. Any disadvantages resulting from non-compliance with these regulations shall be borne by the traveller, except if they were caused as a result of our negligent misinformation.
12.4 Participation in the trip is only possible for persons whose health is in a very good condition. The traveller is obliged to inform FollowTheTracks before the start of the journey if they have any health concerns. The participant confirms that they are fit for travel. FollowTheTracks reserves the right to ask the participant for a medical certificate certifying that the participant is fit for travel. It is generally not recommended for pregnant women to take part in the trip.
13. Information on the identity of the operating airlines13.1 The EU regulation on informing passengers of the identity of the operating airline obliges FollowTheTracks to inform the passenger of the identity of the operating airline for all air transport services to be provided within the scope of the booked journey at the time of booking. If the operating airline has not yet been determined at the time of booking, FollowTheTracks is obliged to inform the traveller of the airline or airlines that will most likely perform the flight or flights. FollowTheTracks is obliged to inform the traveller as soon as FollowTheTracks becomes aware of which airline will operate the flight. FollowTheTracks is obliged to inform the traveller of any changes if the airline specified to the traveller as the operating airline changes. FollowTheTracks must immediately take all reasonable steps to ensure that the passenger is informed of any such changes as soon as possible.
13.2 The list of airlines banned from operating in the EU (a so-called “black list”) can be found on the following website:https://ec.europa.eu/transport/modes/air/safety/airban_de
14. Applicable law, jurisdiction14.1 The contractual relationship between the traveller and FollowTheTracks is subject to German law.
14.2 The traveller can only sue FollowTheTracks at their registered place of business. For FollowTheTracks' lawsuits against the traveller, the residence of the traveller shall be decisive. For lawsuits against travellers who are merchants, legal entities under public or private law or persons, the place of jurisdiction shall be the registered office of FollowTheTracks. The same shall apply to travellers who are domiciled or usually resident in a third country or whose domicile or usual residence is not know at the time the action is brought.
14.3 The above provisions shall not apply,
a) If, and to the extent that international conventions applicable to the all-inclusive travel contract between the traveller and FollowTheTracks, which are not contractually binding, result in different conditions in favour of the traveller, or
b) If, and to the extent that provisions applicable to the all-inclusive travel contract which cannot be waived in the EU Member State to which the traveller belongs are more favourable to the traveller than the above provisions or the corresponding German provisions.
15. Tour operatorFollowTheTracks UG
Adress: Mittelstraße 9, 12529 Schönefeld
16. Travel insuranceUnless otherwise stated, no insurance is included in the trip price. FollowTheTracks expressly recommends that travellers take out the following insurance policies:
- Travel cancellation insurance
- Travel luggage insurance
- Travel curtailment insurance
- Travel accident insurance
- Travel health insurance
17. Severability clauseShould any provision of these GTCs be or become invalid or unenforceable, the remaining provisions of these GTCs shall remain unaffected, unless the omission of individual clauses would disadvantage a contracting party so unreasonably that it can no longer be expected to adhere to the contract.
18. Right of withdrawalFollowTheTracks GmbH would like to point out that distance sales bookings of all-inclusive packages (e.g. by telephone or by email) cannot be revoked in accordance with §§ 312 Para. 7, 312g Para. 2 Sentence 1 No. 9 BGB. A right of revocation exists, however, if the contract for the package tour between FollowTheTracks and the traveller who is the consumer has been concluded off-premises, unless the oral negotiations on which the conclusion of the contract depends were based on the customer's previous order.
Last update 12.10.2019